The article analyzes the content of the main international legal acts regulating the grounds, procedure and principles of using force (special means) to convicts in penitentiary institutions.

An important factor in reforming and developing of criminal and executive legislation is Ukraine’s integration into the world community. Ukraine is a member of the United Nations, the Council of Europe and other international organizations. Partner states have made a legal commitment to bring national legislation into line with generally accepted principles and norms concerning the protection of human and civil rights and freedoms. In accordance with the Constitution of Ukraine, existing international treaties, the binding nature of which has been approved by the Verkhovna Rada of Ukraine, are part of the national legislation of Ukraine.

The development and adoption of new legislative acts is guided not only by the content of national legal norms, but also by international legal acts, in particular, by international standards.

Dynamic approaches to security provision help to prevent situations in which prison staff will need to use special means, force or weapons.

It is established that the International Standards regarding convicts’ trearment allow to use force in penitentiary institutions as a last mean to restrain prisoners, repel attacks on personnel and others, and to stop escapes if non-violent offenses cannot be stopped (general condition of use). International standards define the limits of the use of force as the minimum necessary and the duration of the use as the minimum time required to put an end to an unlawful act. Personnel working directly with prisoners should be trained in techniques that allow them to restrain aggressive prisoners with minimal use of force.

Key words: international legal acts; use of force (special means); grounds for the use of force (special means); sentenced to imprisonment; personnel of penitentiary institutions

References:

1. The United Nations (1948), Universal Declaration of Human Rights: Resolution, the General Assembly, New York, available at: https://zakon.rada.gov.ua/laws/show/995_015 (accessed 12 October 2021).
2. The United Nations (1984), Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment: Resolution, the General Assembly, New York, available at: https://zakon.rada.gov.ua/ laws/show/995_085 (accessed 14 October 2021).
3. The United Nations (1979), Code of Conduct for Law Enforcement Officials: Resolution, the General Assembly, New York, available at: https://zakon.rada.gov.ua/laws/show/995_282#Text (accessed 17 November 2021).
4. The United Nations (2015), United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules): Resolution, the General Assembly, New York, available at: https://www.unodc.org/ documents/justice-and-prison-reform/Nelson_Mandela_Rules-R-ebook.pdf (accessed 19 November 2021).
5. Рада Європи (2006), The European prison rules: Recommendation, The Committee of Ministers of the Council of Europe, Strasbourg, available at: https://zakon.rada.gov.ua/laws/show/994_032. (accessed: 20 November 2021).
6. McGackin, J. (2017), Modern penitentiary management: handbook for the staff of the penitentiary system of Ukraine, Council of Europe,
7. The United Nations (1990), Basic Principles of the Use of Force and Firearms by Law Enforcement Officials: Resolution, the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, New York, available at: https://zakon.rada.gov.ua/laws/ show/995_334#Text (accessed: 20 October 2021).